Administrative Code of 1987.docx

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ADMINISTRATIVE LAW ADMINISTRATIVE CODE OF 1987 PUP-COLLEGE OF LAW

EXECUTIVE ORDER NO. 292

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

WHEREAS, the Administrative Code currently in force was first forged in 1917 when the relationship between the people and thegovernment was defined by the colonial order then prevailing;

WHEREAS, efforts to achieve an integrative and over-all recodification of its provisions resulted in the Administrative Code of

1978 which, however, was never published and later expressly repealed;

WHEREAS, the effectiveness of the Government will be enhanced by a new Administrative Code which incorporates in a unifieddocument the major structural, functional and procedural principles and rules of governance; and

WHEREAS, a new Administrative Code will be of optimum benefit to the people and Government officers and employees as itembodies changes in administrative structures and procedures designed to serve the people;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by theConstitution, do hereby promulgate the Administrative Code of 1987, as follows:

INTRODUCTORY PROVISIONS

Section 1.Title. - This Act shall be known as the "Administrative Code of 1987."

Section 2.General Terms Defined. - Unless the specific words of the text, or the context as a whole, or a particular statute, shallrequire a different meaning:

(1) Government of the Republic of the Philippines refers to the corporate governmental entity through which thefunctions of government are exercised throughout the Philippines, including, save as the contrary appears from thecontext, the various arms through which political authority is made effective in the Philippines, whether pertaining tothe autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

(2) National Government refers to the entire machinery of the central government, as distinguished from the differentforms of local governments.

(3) Local Government refers to the political subdivisions established by or in accordance with the Constitution.

(4) Agency of the Government refers to any of the various units of the Government, including a department, bureau,office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unittherein.

(5) National Agency refers to a unit of the National Government.

(6) Local Agency refers to a local government or a distinct unit therein.

(7) Department refers to an executive department created by law. For purposes of Book IV, this shall include anyinstrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.

(8) Bureau refers to any principal subdivision or unit of any department. For purposes of Book IV, this shall include any

principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name ordesignation, as in the case of department-wide regional offices.

(9) Office refers, within the framework of governmental organization, to any major functional unit of a department orbureau including regional offices. It may also refer to any position held or occupied by individual persons, whosefunctions are defined by law or regulation.

(10) Instrumentality refers to any agency of the National Government, not integrated within the department frameworkvested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administeringspecial funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies,chartered institutions and government-owned or controlled corporations.


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(11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicatematters affecting substantial rights and interests of private persons, the principal powers of which are exercised by acollective body, such as a commission, board or council.

(12) Chartered institution refers to any agency organized or operating under a special charter, and vested by law withfunctions relating to specific constitutional policies or objectives. This term includes the state universities and collegesand the monetary authority of the State.

(13) Government-owned or controlled corporation refers to any agency organized as a stock or non-stock corporation,

vested with functions relating to public needs whether governmental or proprietary in nature, and owned by theGovernment directly or through its instrumentalities either wholly, or, where applicable as in the case of stockcorporations, to the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-owned orcontrolled corporations may be further categorized by the Department of the Budget, the Civil Service Commission, andthe Commission on Audit for purposes of the exercise and discharge of their respective powers, functions andresponsibilities with respect to such corporations.

(14) "Officer" as distinguished from "clerk" or "employee", refers to a person whose duties, not being of a clerical ormanual nature, involves the exercise of discretion in the performance of the functions of the government. When usedwith reference to a person having authority to do a particular act or perform a particular function in the exercise ofgovernmental power, "officer" includes any government employee, agent or body having authority to do the act orexercise that function.

(15) "Employee", when used with reference to a person in the public service, includes any person in the service of the

government or any of its agencies, divisions, subdivisions or instrumentalities.

BOOK I

SOVEREIGNTY AND GENERAL ADMINISTRATION

CHAPTER 1THE NATIONAL TERRITORY

Section 3.What Comprises National Territory. - The national territory comprises the Philippine archipelago, with all theislands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction,consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves,and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their

breadth and dimensions, form part of the internal waters of the Philippines.

Section 4.Territorial Subdivision of the Philippines. - The territorial and political subdivisions of the Philippines are theautonomous regions, provinces, subprovinces, cities, municipalities and barangays.

CHAPTER 2THE PEOPLE

Section 5.Who are Citizens. - The following are the citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of the Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship, unless by the act oromission they are deemed, under the law, to have renounced it.

(4) Those who are naturalized in accordance with law.

Section 6.Effect of Marriage. - Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act oromission they are deemed, under the law, to have renounced it.

Section 7. Natural-born Citizen. - Natural-born citizens are those who are citizens of the Philippines from birth without havingto perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance withthe Constitution shall be deemed natural-born citizens.


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Section 8.Loss or Reacquisition of Citizenship. - Philippine citizenship may be lost or reacquired in the manner provided bylaw.

Section 9.Dual Allegiance. - Dual allegiance is inimical to the national interest and shall be dealt with by law.

CHAPTER 3STATE IMMUNITY FROM SUIT

Section 10.Non-suability of the State. - No suit shall lie against the State except with its consent as provided by law.

Section 11.The State's Responsibility for Acts of Agents. -

(1) The State shall be legally bound and responsible only through the acts performed in accordance with theConstitution and the laws by its duly authorized representatives.

(2) The State shall not be bound by the mistakes or errors of its officers or agents in the exercise of their functions.

CHAPTER 4NATIONAL SYMBOLS AND OFFICIAL LANGUAGES

Section 12.National Flag. -

(1) The flag of the Philippines shall be red, white and blue, with a sun and three stars, as consecrated and honored bythe people and recognized by law.

(2) The custody, ceremonial use, occasion and manner of display, and the proper care and disposition of the flag shallbe governed by appropriate rules and regulations.

Section 13. National Anthem. - Until otherwise provided by law, the musical arrangement and composition of Julian Felipe isadopted as the national anthem. It shall be sung or played upon the opening or start of all state celebrations or gatherings and onsuch other occasions as may be prescribed by appropriate rules and regulations.

Section 14.Arms and Great Seal of the Republic of the Philippines. -

(1) The Arms shall have paleways of two (2) pieces, azure and gules; a chief argent studded with three mulletsequidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesserrays. Beneath shall be a scroll with the words "Republic of the Philippines, " or its equivalent in the national language,inscribed thereon.

(2) The Great Seal shall be circular in form, with the arms as described in the preceding paragraph, but without thescroll and the inscription thereon, and surrounding the whole, a double marginal circle within which shall appear thewords "Republic of the Philippines," or its equivalent in the national language. For the purpose of placing the GreatSeal, the color of the arms shall not be deemed essential.

Section 15.Use and Custody of Great Seal. - The Great Seal shall be affixed to or placed upon all commissions signed by thePresident and upon such other official documents and papers of the Republic of the Philippines as may be required by customand usage. The President shall have custody of the Great Seal.

Section 16.Arms, Seals and Banners of Government Offices. - The various offices of government may adopt appropriate coats-of-arms, seals and banners.

Section 17.Official Languages. - Until otherwise provided by law, Pilipino and English shall be the official languages.

CHAPTER 5OPERATION AND EFFECT OF LAWS

Section 18.When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of their publicationin the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.

Section 19.Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.


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Section 20.Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuancepromulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case ofambiguity, omission or mistake, the other texts may be consulted.

Section 21.No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law firstrepealed shall not be thereby revived unless expressly so provided.

Section 22.Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the priorlaw shall thereby be revived, unless the repealing law provides otherwise.

Section 23.Ignorance of the Law. - Ignorance of the law excuses no one from compliance therewith.

CHAPTER 6OFFICIAL GAZETTE

Section 24.Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; allexecutive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and theCourt of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published;such documents or classes of documents as may be required so to be published by law; and such documents or classes ofdocuments as the President shall determine from time to time to have general application or which he may authorize so to bepublished.

The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of itsauthority. lawphi1.net

Section 25.Editing and Publications. - The Official Gazette shall be edited in the Office of the President and published weeklyin Pilipino or in the English language. It shall be sold and distributed by the National Printing Office which shall promptly mailcopies thereof to subscribers free of postage.

CHAPTER 7REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS

Section 26.Regular Holidays and Nationwide Special Days. -

1. Unless otherwise modified by law, order or proclamation, the following regular holidays and special days shallbe observed in this country:

(A) Regular Holidays

New Year's Day January 1

Maundy Thursday Movable date

Good Friday Movable date

Araw ng Kagitingan (Bataan andCorregidor Day)

April 9

Labor Day May 1

Independence Day June 12

National Heroes Day Last Sunday of August

Bonifacio Day November 30

Christmas Day December 25

Rizal Day December 30

(B) Nationwide Special Days


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All Saints Day November 1

Last Day of the Year December 31

(2) The terms "legal or regular holiday" and "special holiday", as used in laws, orders, rules and regulations or otherissuances shall be referred to as "regular holiday" and "special day", respectively. lawphi1.net

Section 27.Local Special Days. - The President may proclaim any local special day for a particular date, group or place.

Section 28.Pretermission of Holiday. - Where the day, or the last day, for doing any act required or permitted by law falls on aregular holiday or special day, the act may be done on the next succeeding business day. lawphi1.net

CHAPTER 8LEGAL WEIGHTS MEASURES AND PERIOD

Section 29.Official Use of Metric System. - The metric system of weights and measures shall be used in the Philippines for allproducts, articles, goods, commodities, materials, merchandise, utilities, services, as well as for commercial transactions likecontracts, agreements, deeds and other legal instruments publicly and officially attested, and for all official documents. Onlyweights and measures of the metric system shall be officially sealed and licensed.

Section 30.Mandatory Nation-wide Use. - The metric system shall be fully adopted in all agricultural, commercial, industrial,

scientific and other sectors. Persons or entities allowed under existing laws to use the English system or other standards andweights are given until the date to be fixed by the Metric System Board to adopt the metric system.

Section 31.Legal Periods. - "Year" shall be understood to be twelve calendar months; "month" of thirty days, unless it refers toa specific calendar month in which case it shall be computed according to the number of days the specific month contains; "day,"to a day of twenty-four hours; and "night," from sunset to sunrise.

CHAPTER 9GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS

Section 32.Nature of Public Office. - Public office is a public trust. Public officers and employees must at all times beaccountable to the people, serve them with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism andjustice, and lead modest lives.

Section 33.Policy on Change of Citizenship. - Public officers and employees owe the Senate and the Constitution allegiance atall times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of anothercountry during his tenure shall be dealt with by law.

Section 34.Declaration of Assets, Liabilities and Net Worth. - A public officer or employee shall upon assumption of office andas often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.

Section 35.Ethics in Government. - All public officers and employees shall be bound by a Code of Ethics to be promulgated bythe Civil Service Commission.

Section 36.Inhibition Against Purchase of Property at Tax Sale. - No officer or employee of the government shall purchasedirectly or indirectly any property sold by the government for the non-payment of any tax, fee or other public charge. Any suchpurchase by an officer or employee shall be void.

Section 37.Powers Incidental to Taking of Testimony. - When authority to take testimony or receive evidence is conferredupon any administrative officer or any non-judicial person, committee, or other body, such authority shall include the power toadminister oaths, summon witnesses, and require the production of documents by a subpoena duces tecum.

Section 38.Liability of Superior Officers. -

(1) A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clearshowing of bad faith, malice or gross negligence.


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(2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, orwithin a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudiceto such other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty,negligence, or misfeasance of his subordinates, unless he has actually authorized by written order the specific act ormisconduct complained of.

Section 39.Liability of Subordinate Officers. -No subordinate officer or employee shall be civilly liable for acts done by him in

good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which arecontrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors.

CHAPTER 10OFFICIAL OATHS

Section 40.Oaths of Office for Public Officers and Employees. - All public officers and employees of the government includingevery member of the armed forces shall, before entering upon the discharge of his duties, take an oath or affirmation to upholdand defend the Constitution; that he will bear true faith and allegiance to it; obey the laws, legal orders and decrees promulgatedby the duly constituted authorities; will well and faithfully discharge to the best of his ability the duties of the office or positionupon which he is about to enter; and that he voluntarily assumes the obligation imposed by his oath of office, without mentalreservation or purpose of evasion. Copies of the oath shall be deposited with the Civil Service Commission and the NationalArchives.

Section 41.Officers Authorized to Administer Oath. -

(1) The following officers have general authority to administer oath: Notaries public, members of the judiciary, clerks ofcourts, the Secretary of the either House of the Congress of the Philippines, of departments, bureau directors, registersof deeds, provincial governors and lieutenant-governors, city mayors, municipal mayors and any other officer in theservice of the government of the Philippines whose appointment is vested in the President.

(2) Oaths may also be administered by any officer whose duties, as defined by law or regulation, require presentation tohim of any statement under oath..

Section 42.Duty to Administer Oath. - Officers authorized to administer oaths, with the exception of notaries public,municipal judges and clerks of court, are not obliged to administer oaths or execute certificates save in matters of officialbusiness; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless

specifically authorized by law.

CHAPTER 11OFFICIAL REPORTS

Section 43.Annual Reports. - The heads of the several branches, subdivisions, department and agencies or instrumentalities ofthe Government shall prepare and submit annual reports to the President on or before the first day of July 1 of each year.

Section 44.Contents of Reports. - The contents of the annual reports shall be prescribed by law or, in the absence thereof, byexecutive order.

Section 45.Special Reports. - Each chief of Bureau or other officer of the government shall make such special reportsconcerning the work of his Bureau or Office as may from time to time be required of him by the President of the Philippines orHead of Department.

Section 46.Deposit with Archives. - Official copies of annual reports shall be deposited with the National Archives and shall beopen to public inspection.

CHAPTER 12PUBLIC CONTRACTS AND CONVEYANCES

Section 47.Contracts and Conveyances. - Contracts or conveyances may be executed for and in behalf of the Government or ofany of its branches, subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations,whenever demanded by the exigency or exigencies of the service and as long as the same are not prohibited by law.


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Section 48.Official Authorized to Convey Real Property. - Whenever real property of the Government is authorized by law tobe conveyed, the deed of conveyance shall be executed in behalf of the government by the following:

(1) For property belonging to and titled in the name of the Republic of the Philippines, by the President, unless theauthority therefor is expressly vested by law in another officer.

(2) For property belonging to the Republic of the Philippines but titled in the name of any political subdivision or of anycorporate agency or instrumentality, by the executive head of the agency or instrumentality.

Section 49.Authority to Convey other Property. - Whenever property other than real is authorized to be conveyed, thecontract or deed shall be executed by the head of the agency with the approval of the department head. Where the operations ofthe agency regularly involve the sale or other disposition of personal property, the deed shall be executed by any officer oremployee expressly authorized for that purpose.

Section 50.Conveyance of National Government Property to Local Governments. - When the real property belonging to theNational Government is needed for school purposes, or other official use by any local government, the President shall authorizeits transfer, and the department head or other authority concerned shall execute in favor of the local government the necessarydeed of conveyance by way of gift, sale, exchange, or otherwise, and upon such terms as shall be for the interest of the partiesconcerned. Nothing herein provided shall be deemed to authorize the conveyance of unreserved public land, friar land or anyreal property held by the Government in trust or for a special purpose defined by law.

Section 51.Execution of Contracts. -

(1) Contracts in behalf of the Republic of the Philippines shall be executed by the President unless authority therefor isexpressly vested by law or by him in any other public officer.

(2) Contracts in behalf of the political subdivisions and corporate agencies or instrumentalities shall be approved bytheir respective governing boards or councils and executed by their respective executive heads.

BOOK II

DISTRIBUTION OF POWERS OF GOVERNMENT

CHAPTER 1BASIC PRINCIPLES AND POLICIES

Section 1.Guiding Principles and Policies in Government. - Governmental power shall be exercised in accordance with thefollowing basic principles and policies:

(1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authorityemanates from them.

(2) The State values the dignity of every human person and guarantees full respect for human rights.

(3) Civilian authority is, at all times, supreme over the military.

(4) The State shall ensure the autonomy of local governments.

(5) The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities,and barangays. There shall be autonomous regions, in accordance with the Constitution, in Muslim Mindanao and theCordilleras as may be provided by law.

(6) The separation of Church and State shall be inviolable.

(7) The right of the people and their organizations to effective and reasonable participation at all levels of social,political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment ofadequate consultation mechanisms.

(8) The powers expressly vested in any branch of the Government shall not be exercised by, nor delegated to, any otherbranch of the Government, except to the extent authorized by the Constitution.


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CHAPTER 2LEGISLATIVE POWER

Section 2.Seat of Legislative Power. - The legislative power shall be vested in the Congress of the Philippines which shallconsist of a Senate and a House of Representatives, except to the extent reserved to the people by the Constitutional provision oninitiative and referendum.

Section 3.Inhibitions Against Members of Congress. -

(1) No Senator or Member of the House of Representatives may hold any other office or employment in theGovernment, or any subdivision agency, or instrumentality thereof, including government-owned or controlledcorporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any officewhich may have been created or the emoluments thereof increased during the term for which he was elected.

(2) No Senator or Member of the House of Representatives may personally appear as counsel before any court of justiceor before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly orindirectly, be interested financially in any contract with, or in any franchise or special privilege granted by theGovernment, or any subdivision, agency or instrumentality thereof including any government-owned or controlledcorporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of theGovernment for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 4.Electoral Tribunal. - The Senate and the House of Representatives shall each have an Electoral Tribunal which shallbe the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each ElectoralTribunal shall be composed of nine (9) Members, three (3) of whom shall be Justices of the Supreme Court to be designated bythe Chief Justice, and the remaining six (6) shall be Members of the Senate or the House of Representatives, as the case may be,who shall be chosen on the basis of proportional representation from the political parties and the parties or organizationsregistered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Section 5.Commission on Appointments. - There shall be a Commission on Appointments consisting of the President of theSenate, as ex officio Chairman, and twelve (12) Senators and twelve (12) Members of the House of Representatives, elected byeach House on the basis of proportional representation from the political parties and parties or organizations registered underthe party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. TheCommission shall act on all appointments submitted to it within thirty (30) session days of the Congress from their submission.The Commission shall rule by a majority vote of all its Members.

Section 6.Legislative Investigation. - The Senate or the House of Representatives or any of its respective committees mayconduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing

in or affected by such inquiries shall be respected.

Section 7.Appearance of Heads of Departments. - The heads of departments may upon their own initiative, with the consentof the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard bysuch House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senateor the Speaker of the House of Representatives at least three (3) days before their scheduled appearance. Interpellations shallnot be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest sorequires and the President so states in writing, the appearance shall be conducted in executive session.

Section 8.Initiative and Referendum. - The Congress shall, as early as possible, provide for a system of initiative andreferendum and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any actor law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by atleast ten (10) per centum of the total number of registered voters, of which every legislative district must be represented by atleast three (3) per centum of the registered voters thereof.

Section 9. Power to Propose Constitutional Amendments. -

(1) Any amendment to, or revision of the Constitution may be proposed by: (a) The Congress, upon a vote of three-fourths (3/4) of all its Members; or (b) a constitutional convention. The Congress may, by a vote of two-thirds (2/3) ofall its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate thequestion of calling such a convention.

(2) Amendments to the Constitution may likewise be directly proposed by the people through initiative upon a petitionof at least twelve (12) per centum of the total number of registered voters, of which every legislative district must berepresented by at least three (3) per centum of the registered voters therein. No amendments under this paragraph


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shall be authorized within five years following the ratification of the 1987 Constitution nor oftener than once every fiveyears thereafter. The Congress shall provide for the implementation of the exercise of this right.

Section 10. Validity of Constitutional Amendments. -

(1) Any amendment to or revision of the Constitution proposed by Congress or a constitutional convention shall be validwhen ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days (60) nor laterthan ninety days (90) after the approval of such amendment or revision.

(2) Any amendment to or revision of the Constitution directly proposed by the people through initiative shall be validwhen ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days (60) nor laterthan ninety days (90) after the certification by the Commission on Elections of the sufficiency of the petition.

CHAPTER 3EXECUTIVE POWER

Section 11. Exercise of Executive Power. - The Executive power shall be vested in the President.

Section 12.The Vice-President. - There shall be a Vice-President who shall have the same qualifications and term of office andbe elected with and in the same manner as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Section 13.Vacancy in Office of the President. - In case of death, permanent disability, removal from office, or resignation ofthe President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability,removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of hisinability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall havebeen elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of theActing President. He shall serve until the President or Vice-President shall have been elected and qualified, and be subject to thesame restrictions of powers and disqualifications as the Acting President.

Section 14.Vacancy in Office of the Vice-President. - Whenever there is a vacancy in the Office of the Vice-President during theterm for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and theHouse of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of theCongress, voting separately.

Section 15.Inhibitions Against Executive Officials. - The President, Vice-President, the Members of the Cabinet, and theirdeputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during theirtenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or befinancially interested in any contract with, or in any franchise, or special privilege granted by the Government or anysubdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.They shall strictly avoid conflicts of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure beappointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

CHAPTER 4JUDICIAL POWER

Section 16.Judicial Power. - The judicial power shall be vested in one (1) Supreme Court, and in such lower courts as may beestablished by law. Such lower courts include the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts,Shari's District Courts, Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, and Shari'a CircuitCourts and they shall continue to exercise their respective jurisdiction until otherwise provided by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legallydemandable and enforceable, and, in cases prescribed by law, to determine whether or not there has been a grave abuse ofdiscretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.


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Section 17.Composition of the Supreme Court. - The Supreme Court shall be composed of a Chief Justice and fourteenAssociate Justices. It may sit en banc or in its discretion, in divisions of three, five or seven Members.

Section 18.Jurisdiction and Powers of Supreme Court. - The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and overpetitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, finaljudgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relationthereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporaryassignment shall not exceed six (6) months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, andprocedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to theunderprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases,shall be uniform for all courts of the same grade; and shall not diminish, increase, or modify substantive rights. Rules ofprocedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service law.

Section 19.Apportionment of Jurisdiction. - Congress shall define, prescribe and apportion the jurisdiction of the variouscourts but may not deprive the Supreme Court of its jurisdiction enumerated in the immediately preceding section. Neither shalla law be passed increasing its appellate jurisdiction as therein specified without its advice and concurrence.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Section 20.Administrative Supervision.- The Supreme Court shall have administrative supervision over all courts and thepersonnel thereof.

Section 21.Judicial and Bar Council. -

(1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief

Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Member, arepresentative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative ofthe private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four (4) years with the consentof the Commission of Appointments. Of the Members first appointed, the representative of the Integrated Bar shallserve for four (4) years, the professor of law for three (3) years, the retired Justice for two (2) years, and therepresentative of the private sector for one (1) year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of itsproceedings.


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(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court.The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise suchother functions and duties as the Supreme Court may assign to it.

Section 22.Appointment of Members of Judiciary. - The Members of the Supreme Court and judges of lower courts shall beappointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy.Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety (90) days from the submission of the list.

Section 23.Prohibition Against Performing Quasi-Judicial or Administrative Functions. - The Members of the SupremeCourt and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrativefunctions.

CHAPTER 5CONSTITUTIONAL COMMISSIONS

Section 24.Constitutional Commissions. - The Constitutional Commissions, which shall be independent, are the Civil ServiceCommission, the Commission on Elections, and the Commission on Audit.

Section 25.Inhibitions Against Constitutional Commissioners. - No member of a Constitutional Commission shall, during histenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the activemanagement or control of any business which in anyway may be affected by the functions of his office, nor shall he be financiallyinterested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of itssubdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Section 26.Fiscal Autonomy. - The Constitutional Commissions shall enjoy fiscal autonomy. The approved annualappropriations shall be automatically and regularly released.

Section 27.Promulgation of Rules. - Each Commission en banc may promulgate its own rules concerning pleadings andpractice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights.

Section 28.Decisions by the Constitutional Commissions.- Each Commission shall decide, by a majority vote of all itsMembers, any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution. Acase or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandumrequired by the rules of the Commission or by the Commission itself. Unless otherwise provided by the Constitution or by law,any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved partywithin thirty (30) days from receipt of a copy thereof.

CHAPTER 6OTHER BODIES

Section 29.Other Bodies. - There shall be in accordance with the Constitution, an Office of the Ombudsman, a Commission onHuman Rights, an independent central monetary authority, and a national police commission. Likewise, as provided in theConstitution, Congress may establish an independent economic and planning agency.lawphi1.net

BOOK III

OFFICE OF THE PRESIDENT

Title I

POWERS OF THE PRESIDENT

CHAPTER 1POWER OF CONTROL


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Section 1.Power of Control. - The President shall have control of all the executive departments, bureaus, and offices. He shallensure that the laws be faithfully executed.

CHAPTER 2ORDINANCE POWER

Section 2.Executive Orders. - Acts of the President providing for rules of a general or permanent character in implementationor execution of constitutional or statutory powers shall be promulgated in executive orders.

Section 3.Administrative Orders. - Acts of the President which relate to particular aspect of governmental operations inpursuance of his duties as administrative head shall be promulgated in administrative orders.

Section 4.Proclamations. - Acts of the President fixing a date or declaring a status or condition of public moment or interest,upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated inproclamations which shall have the force of an executive order.

Section 5.Memorandum Orders. - Acts of the President on matters of administrative detail or of subordinate or temporaryinterest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.

Section 6.Memorandum Circulars. - Acts of the President on matters relating to internal administration, which the Presidentdesires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, forinformation or compliance, shall be embodied in memorandum circulars.

Section 7.General or Special Orders. - Acts and commands of the President in his capacity as Commander-in-Chief of theArmed Forces of the Philippines shall be issued as general or special orders.

CHAPTER 3POWER OVER ALIENS

Section 8.Power to Deport. - The President shall have the power to deport aliens subject to the requirements of due process.

Section 9.Power to Change Non-Immigrant Status of Aliens. - The President, subject to the provisions of law, shall have thepower to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa.

Section 10.Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration. - The decision of

the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30)days from promulgation, unless within such period the President shall order the contrary.

Section 11.Power over Aliens under the General Principles of International Law. - The President shall exercise with respect toaliens in the Philippines such powers as are recognized by the generally accepted principles of international law.

CHAPTER 4POWERS OF EMINENT DOMAIN, ESCHEAT, LAND RESERVATION AND RECOVERY OF ILL-GOTTEN

WEALTH

Section 12.Power of Eminent Domain. - The President shall determine when it is necessary or advantageous to exercise thepower of eminent domain in behalf of the National Government, and direct the Solicitor General, whenever he deems the actionadvisable, to institute expropriation proceedings in the proper court.

Section 13.Power to Direct Escheat or Reversion Proceedings. - The President shall direct the Solicitor General to instituteescheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquireland.

Section 14.Power to Reserve Lands of the Public and Private Domain of the Government. -

(1) The President shall have the power to reserve for settlement or public use, and for specific public purposes, any ofthe lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafterremain subject to the specific public purpose indicated until otherwise provided by law or proclamation;


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(2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, anyland belonging to the private domain of the Government, or any of the Friar Lands, the use of which is not otherwisedirected by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwiseprovided by law.

Section 15.Power over Ill-gotten Wealth. - The President shall direct the Solicitor General to institute proceedings to recoverproperties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.

Within the period fixed in, or any extension thereof authorized by, the Constitution, the President shall have the authority to

recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the peoplethrough orders of sequestration or freezing of assets or accounts.

CHAPTER 5POWER OF APPOINTMENT

Section 16.Power of Appointment. - The President shall exercise the power to appoint such officials as provided for in theConstitution and laws.

Section 17. Power to Issue Temporary Designation. -

(1) The President may temporarily designate an officer already in the government service or any other competentperson to perform the functions of an office in the executive branch, appointment to which is vested in him by law,

when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness, absence or anyother cause; or (b) there exists a vacancy;

(2) The person designated shall receive the compensation attached to the position, unless he is already in thegovernment service in which case he shall receive only such additional compensation as, with his existing salary, shallnot exceed the salary authorized by law for the position filled. The compensation hereby authorized shall be paid out ofthe funds appropriated for the office or agency concerned.

(3) In no case shall a temporary designation exceed one (1) year.

CHAPTER 6GENERAL SUPERVISION OVER LOCAL GOVERNMENTS

Section 18.General Supervision Over Local Governments. - The President shall exercise general supervision over localgovernments.

CHAPTER 7OTHER POWERS

Section 19.Powers Under the Constitution. - The President shall exercise such other powers as are provided for in theConstitution.

Section 20.Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers andfunctions vested in the President which are provided for under the laws and which are not specifically enumerated above, orwhich are not delegated by the President in accordance with law.

Title II

ORGANIZATION

CHAPTER 8ORGANIZATION OF THE OFFICE OF THE PRESIDENT

Section 21.Organization. - The Office of the President shall consist of the Office of the President Proper and the agenciesunder it.

Section 22.Office of the President Proper. -


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(1) The Office of the President Proper shall consist of the Private Office, the Executive Office, the Common Staff SupportSystem, and the Presidential Special Assistants/Advisers System;

(2) The Executive Office refers to the Offices of the Executive Secretary, Deputy Executive Secretaries and AssistantExecutive Secretaries;

(3) The Common Staff Support System embraces the offices or units under the general categories of development andmanagement, general government administration and internal administration; and

(4) The President Special Assistants/Advisers System includes such special assistants or advisers as may be needed bythe President.

Section 23.The Agencies under the Office of the President. - The agencies under the Office of the President refer to thoseoffices placed under the chairmanship of the President, those under the supervision and control of the President, those under theadministrative supervision of the Office of the President, those attached to it for policy and program coordination, and those thatare not placed by law or order creating them under any specific department.

Title III

FUNCTIONS

CHAPTER 9

FUNCTIONS OF THE DIFFERENT OFFICES IN THE OFFICE OF THE PRESIDENT PROPER

A - PRIVATE OFFICE

Section 24.Functions of the Private Office. - The Private Office shall provide direct services to the President and shall for thispurpose attend to functions and matters that are personal or which pertain to the First Family.

B - THE EXECUTIVE OFFICE

Section 25.Declaration of Policy. - The Executive Office shall be fully responsive to the specific needs and requirements of thePresident to achieve the purposes and objectives of the Office.

Section 26.The Executive Secretary, the Deputy Executive Secretaries, and the Assistant Executive Secretaries. - The

Executive Office shall be headed by the Executive Secretary who shall be assisted by one (1) or more Deputy ExecutiveSecretaries and one (1) or more Assistant Executive Secretaries.

Section 27.Functions of the Executive Secretary. - The Executive Secretary shall, subject to the control and supervision of thePresident, carry out the functions assigned by law to the Executive Office and shall perform such other duties as may bedelegated to him. He shall:

(1) Directly assist the President in the management of the affairs pertaining to the Government of the Republic of thePhilippines;

(2) Implement presidential directives, orders and decisions;

(3) Decide, for and in behalf of the President, matters not requiring personal presidential attention;

(4) Exercise supervision and control over the various units in the Office of the President Proper including their internaladministrative requirements;

(5) Exercise supervision, in behalf of the President, over the various agencies under the Office of the President;

(6) Appoint officials and employees of the Office of the President whose appointments are not vested in the President;

(7) Provide overall coordination in the operation of the Executive Office;

(8) Determine and assign matters to the appropriate units in the Office of the President;


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(9) Have administrative responsibility for matters in the Office of the President coming from the various departmentsand agencies of government;

(10) Exercise primary authority to sign papers "By authority of the President", attest executive orders and otherpresidential issuances unless attestation is specifically delegated to other officials by him or by the President;

(11) Determine, with the President's approval, the appropriate assignment of offices and agencies not placed by lawunder any specific executive department;

(12) Provide consultative, research, fact-finding and advisory service to the President;

(13) Assist the President in the performance of functions pertaining to legislation;

(14) Assist the President in the administration of special projects;

(15) Take charge of matters pertaining to protocol in State and ceremonial functions;

(16) Provide secretarial and clerical services for the President, the Cabinet, the Council of State, and other advisorybodies to the President

(17) Promulgate such rules and regulations necessary to carry out the objectives, policies and functions of the Office ofthe President Proper;

1. Perform such other functions as the President may direct.C - COMMON STAFF SUPPORT SYSTEM

Section 28.Functions of the Common Staff Support System. - The various staff units in the Office of the President Proper shallform a common staff support system and shall be organized along the various tasks of the Office namely:

(1) The Cabinet Secretariat which shall assist the President in the establishment of agenda topics for the Cabinetdeliberation, or facilitate the discussion of cabinet meetings. It shall have such organization, powers and functions asare prescribed by law;

(2) The Presidential Management Staff (PMS) which shall be the primary governmental agency directly responsible tothe Office of the President for providing staff assistance in the Presidential exercise of overall management of thedevelopment process. It shall have such organization, powers and functions as are prescribed by law;

(3) General Government Administration Staff which shall provide the President with staff support on mattersconcerning general government administration relative to the operations of the national government including theprovision of legal services, administrative services, staff work on political and legislative matters, information andassistance to the general public, measures toward resolution of complaints against public officials and employeesbrought to the attention of the Office of the President and such other matters as the President may assign;

(4) Internal Administrative Staff which shall render auxiliary and support services for the internal administration of theOffice of the President.

D - PRESIDENTIAL ASSISTANT/ADVISERS SYSTEM

Section 29.Functions of Presidential Assistants/Advisers Systems. - The Special Assistants/Advisers System shall provideadvisory or consultative services to the President in such fields and under such conditions as the President may determine.

CHAPTER 10FUNCTIONS OF THE AGENCIES UNDER THE OFFICE OF THE PRESIDENT

Section 30.Functions of Agencies Under the Office of the President. - Agencies under the Office of the President shall continueto operate and function in accordance with their respective charters or laws creating them, except as otherwise provided in thisCode or by law.


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Section 31.Continuing Authority of the President to Reorganize his Office. - The President, subject to the policy in theExecutive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize theadministrative structure of the Office of the President. For this purpose, he may take any of the following actions:

(1) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, thePresidential Special Assistants/Advisers System and the Common staff Support System, by abolishing, consolidating ormerging units thereof or transferring functions from one unit to another;

(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer

functions to the Office of the President from other Departments and Agencies; and

(3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agenciesto the Office of the President from other departments or agencies.

BOOK IV

THE EXECUTIVE BRANCH

CHAPTER 1THE DEPARTMENTS

Section 1.Purpose and Number of Departments. - The Executive Branch shall have such Departments as are necessary for the

functional distribution of the work of the President and for the performance of their functions.

Section 2.Declaration of Policy. -

(1) The Departments shall be organized and maintained to insure their capacity to plan and implement programs inaccordance with established national policies;

(2) Bureaus and offices shall be grouped primarily on the basis of major functions to achieve simplicity, economy andefficiency in government operations and minimize duplication and overlapping of activities; and

(3) The functions of the different Departments shall be decentralized in order to reduce red tape, free central officialsfrom administrative details concerning field operations, and relieve them from unnecessary involvement in routine andlocal matters. Adequate authority shall be delegated to subordinate officials. Administrative decisions and actions shall,

as much as feasible, be at the level closest to the public.

Section 3.Department Proper. -

(1) Unless otherwise provided in this Code or by law, the Department proper shall include the Office of the Secretaryand the staff consist of the Secretary and the Undersecretary or Undersecretaries, together with the personnel in theirimmediate offices;

(2) Every Secretary shall be assisted by such number of Undersecretaries as may be provided for by this Code or by law;

The Undersecretary shall perform the functions as provided in Chapter 2 of this Book;

(3) Whenever necessary, Assistant Secretary position or positions may be created to form part of the Department

proper; and

(4) In the absence of special provisions, the major staff units of each department shall be the services which shallinclude: the Planning Service, the Financial and Management Service, the Administrative Service, and when necessary,the Technical and Legal Services.

Section 4.Jurisdiction over Bureaus, Offices, Regulatory Agencies and Government Corporations. - Each Department shallhave jurisdiction over bureaus, offices, regulatory agencies, and government-owned or controlled corporations assigned to it bylaw, in accordance with the applicable relationship as defined in Chapter 7, 8, and 9 of this Book.


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Section 5.Assignment of Offices and Agencies. - The President shall, by executive order, assign offices and agencies nototherwise assigned by law to any department, or indicate to which department a government corporation or board may beattached.

CHAPTER 2SECRETARIES, UNDERSECRETARIES, AND ASSISTANT SECRETARIES

Section 6.Authority and Responsibility of the Secretary. - The authority and responsibility for the exercise of the mandate ofthe Department and for the discharge of its powers and functions shall be vested in the Secretary, who shall have supervision

and control of the Department.

Section 7.Powers and Functions of the Secretary. - The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations and other issuances, the promulgationof which is expressly vested by law in the President relative to matters under the jurisdiction of the Department;

(2) Establish the policies and standards for the operation of the Department pursuant to the approved programs ofgovernments;

(3) Promulgate rules and regulations necessary to carry out department objectives, policies, functions, plans, programsand projects;

(4) Promulgate administrative issuances necessary for the efficient administration of the offices under the Secretaryand for proper execution of the laws relative thereto. These issuances shall not prescribe penalties for their violation,except when expressly authorized by law;

(5) Exercise disciplinary powers over officers and employees under the Secretary in accordance with law, includingtheir investigation and the designation of a committee or officer to conduct such investigation;

(6) Appoint all officers and employees of the Department except those whose appointments are vested in the Presidentor in some other appointing authority; Provided, however, that where the Department is regionalized on a department-wide basis, the Secretary shall appoint employees to positions in the second level in the regional offices as defined inthis Code;

(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the Department as are provided bylaw, and in accordance with the applicable relationships as specified in Chapters 7, 8, and 9 of this Book;

(8) Delegate authority to officers and employees under the Secretary's direction in accordance with this Code; and

(9) Perform such other functions as may be provided by law.

Section 8.Submission of Performance Evaluation Reports. - The Secretary shall formulate and enforce a system of measuringand evaluating periodically and objectively the performance of the Department and submit the same annually to the President.

Section 9.Submission of Budget Estimates. - The Secretary shall prepare and submit to the President through the Departmentof Budget and Management an estimate of the necessary expenditures of the department during the next fiscal year, on the basisof the reports and estimates submitted by bureaus and officers under him.

Section 10.Powers and Duties of the Undersecretary. - The Undersecretary shall:

(1) Advise and assist the Secretary in the formulation and implementation of department objectives and policies;

(2) Oversee all the operational activities of the department for which he shall be responsible to the Secretary;

(3) Coordinate the programs and projects of the department and be responsible for its economical, efficient andeffective administration;

(4) Serve as deputy to the Secretary in all matters relating to the operations of the department;


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(5) Temporarily discharge the duties of the Secretary in the latter's absence or inability to discharge his duties for anycause or in case of vacancy of the said office, unless otherwise provided by law. Where there are more than oneUndersecretary, the Secretary shall allocate the foregoing powers and duties among them. The President shall likewisemake the temporary designation of Acting Secretary from among them; and

(6) Perform such other functions and duties as may be provided by law.

Section 11.Duties and Functions of the Assistant Secretary. - The Assistant Secretary shall perform such duties and functionsas may be provided by law or assigned to him by the Secretary.

CHAPTER 3DEPARTMENT SERVICES

Section 12.Department Services. - Except as otherwise provided by law, each Department shall have Department Serviceswhich shall include the Planning Service, the Financial and Management Service, the Administrative Service, and whenevernecessary the Technical and Legal Services.

Section 13.Planning Service. - The Planning Service shall provide the department with economical, efficient and effectiveservices relating to planning, programming, and project development, and discharge such other functions as may be provided bylaw. Where the work of the department does not call for substantial planning and programming, the Planning Service shall beconstituted as a single unit without subdivisions. Where substantial primary data-gathering is essential to the operations of thedepartment, a statistical unit may be constituted as part of a technical service.

Section 14.Financial and Management Services. - The Financial and Management Services shall advise and assist theSecretary on financial and management matters and shall perform such other functions as may be provided by law.

Section 15.Administrative Service. - The Administrative Service shall provide the Department with economical, efficient andeffective services relating to personnel, legal assistance, information, records, delivery and receipt of correspondence, supplies,equipment, collections, disbursement, security and custodial work. It shall also perform such other functions as may be providedby law.

Section 16.Technical Service. - Whenever necessary, one or more technical services shall be established to take charge oftechnical staff activities essential to a department and which cannot be allocated to the three other services or to the bureaus.

Section 17.Legal Service. - A Legal Service shall be provided where the operations of the department involve substantial legalwork, in which case the Administrative Service shall not have a Legal Division. The Legal Service shall provide legal advice to the

department; interpret laws and rules affecting the operation of the department; prepare contracts and instruments to which thedepartment is a party, and interpret provisions of contracts covering work performed for the department by private entities;assist in the promulgation of rules governing the activities of the department; prepare comments on proposed legislationconcerning the department; answer legal queries from the public; assist the Solicitor General in suits involving the Departmentor its officers, or employees or act as their principal counsel in all actions taken in their official capacity before judicial oradministrative bodies; and perform such other functions as may be provided by law.

Where the workload of the department does not warrant a Legal Service or a Legal Division, there shall be one or more legalassistants in the Office of the Secretary.

CHAPTER 4BUREAUS

Section 18.Bureaus in General. -

(1) A Bureau is any principal subdivision of the department performing a single major function or closely relatedfunctions. Bureaus are either staff or line.

(2) Each bureau shall be headed by a Director who may have one or more Assistant Directors as provided by law; and

(3) Each bureau may have as many divisions as are provided by law for the economical, efficient and effectiveperformance of its functions.

Section 19.Staff Bureau. -


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(1) A staff bureau shall primarily perform policy, program development and advisory functions.

(2) The Director of a staff bureau shall:

(a) Advise and assist the Office of the Secretary on matters pertaining to the Bureau's area of specialization;

(b) Provide consultative and advisory services to the regional offices of the department;

(c) Develop plans, programs, operating standards, and administrative techniques for the attainment of theobjectives and functions of the bureau; and

(d) Perform such other duties as may be provided by law.

(3) The staff bureau shall avail itself of the planning, financial and administrative services in the department proper.The bureau may have a separate administrative division, if circumstances so warrant.

Section 20.Line Bureau. -

(1) A line bureau shall directly implement programs adopted pursuant to department policies and plans.

(2) The Director of a line bureau shall:

(a) Exercise supervision and control over all division and other units, including regional offices, under thebureau;

(b) Establish policies and standards for the operations of the bureau pursuant to the plans and programs of thedepartment;

(c) Promulgate rules and regulations necessary to carry out bureau objectives, policies and functions; and

(d) Perform such other duties as may be provided by law.

1. The line bureau may have staff units, as may be necessary, corresponding to the services of the departmentproper. If the bureau is small, only a single unit performing combined staff functions may be provided.

CHAPTER 5FIELD OFFICES

Section 21.Regional Offices. - Regional Offices shall be established according to law defining field service areas. Theadministrative regions shall be composed of a National Capital Region and Regions I to XII. Provincial and district offices maybe established only by law whenever necessary.

Section 22.Integration of Field Service. - Except as otherwise provided by law and when the needs of the service so require,the department or agency shall organize an integrated regional office on a department or agency-wide basis.

Section 23.Administration of Regional Office. - The regional office shall be headed by a Regional Director who may be assistedby one (1) Assistant Regional Director, except as may otherwise be provided by law. The Regional Director shall be responsiblefor department or agency functions performed in the region under his jurisdiction.

Section 24.Supervision of Regional Offices. -

(1) Whenever the function or activity of a department or agency requires central or interregional action, the functionmay be performed by the regional offices under the supervision and control of the department proper or line bureauconcerned.

(2) The staff bureau or division shall perform primarily advisory or auxiliary functions and exercise in behalf of thedepartment or agency functional supervision over the regional offices. This shall include authority to develop and setdown standards, policies and procedures to be implemented by operating units, and to evaluate continuously suchimplementation for the purpose of recommending or when authorized, taking corrective measures.


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Section 25.Organization of Regional Offices. - Regional offices organized on a department wide basis shall have units orpersonnel in which the functional areas of the staff bureaus and services in the department shall be represented. Regional officesof a line bureau may have units or personnel in which the functional areas of the primary units of the bureau are represented.Related functions of regional units shall be consolidated.

Section 26.Functions of a Regional Office. -

(1) A regional office shall:

(a) Implement laws, policies, plans, programs, rules and regulations of the department or agency in theregional area;

(b) Provide economical, efficient and effective service to the people in the area;

(c) Coordinate with regional offices of other departments, bureaus and agencies in the area;

(d) Coordinate with local government units in the area; and

(e) Perform such other functions as may be provided by law.

(2) District offices may be established only in cases of clear necessity.

Section 27.Duties of a Regional Director. - The Regional Director shall:

(1) Implement laws, policies, rules and regulations within the responsibility of the agency;

(2) Implement agency programs in the region;

(3) Exercise the management functions of planning organizing, directing and controlling

(4) Appoint personnel to positions in the first level and casual and seasonal employees; and exercise disciplinaryactions over them in accordance with the Civil Service Law;

(5) Approve sick, vacation and maternity leaves of absence with or without pay, for a period not beyond one year;

(6) Prepare and submit budget proposals for the region to the central office, administer the budget of the regionaloffice, authorize disbursement of funds pursuant to approved financial and work programs, and administer the budgetcontrol machinery in the region;

(7) Approve requisition for supplies, materials and equipment, as well as books and periodicals, and other items for theregion, in accordance with the approved supply procurement program;

(8) Negotiate and enter into contracts for services or furnishing supplies, materials and equipment to the regional officeinvolving an amount not exceeding fifty thousand pesos (P50,000.00) within a given quarter, provided that authority inexcess of fifty thousand pesos (P50,000.00) may be further authorized by the proper department or agency head;

(9) Approve claims for benefits under existing laws;

(10) Approve requests for overtime services;

(11) Promote coordination among the regional offices, and between his regional office and local government units in theregion;

(12) Provide housekeeping services for the regional office;

(13) Approve application of personnel for permission to teach, exercise a profession, or engage in business outside ofoffice hours in accordance with standards and guidelines of the Civil Service Commission;


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(14) Issue travel vouchers authorizing employees to travel on official business within the region for a period notexceeding thirty days;

(15) Approve attendance of personnel in conferences, seminars, and non-degree training programs within the region;

(16) Authorize the allocation of funds to provincial/district offices; and

(17) Perform such other duties and functions as may be provided by law or further delegated by the head of agency or

other proper authorities concerned.

Section 28. Review of Acts of Regional Director. - Nothing in the preceding Section shall be construed as a limitation on thepower of the Secretary to review and modify, alter or reverse any action of the Regional Director, or to initiate promotions andtransfers of personnel from one region to another.

CHAPTER 6POWERS AND DUTIES OF HEADS OF BUREAUS OR OFFICES

Section 29.Powers and Duties in General. - The head of bureau or office shall be its chief executive officer. He shall exerciseoverall authority in matters within the jurisdiction of the bureau, office or agency, including those relating to its operations, andenforce all laws and regulations pertaining to it.

Section 30.Authority to Appoint and Discipline. - The head of bureau or office shall appoint personnel to all positions in his

bureau or office, in accordance with law. In the case of the line bureau or office, the head shall also appoint the second levelpersonnel of the regional offices, unless such power has been delegated. He shall have the authority to discipline employees inaccordance with the Civil Service Law.

Section 31.Duties of Assistant Heads and Subordinates. -

(1) Assistant heads and other subordinates in every bureau or office shall perform such duties as may be required by lawor regulations, or as may be specified by their superiors not otherwise inconsistent with law;

(2) The head of bureau or office may, in the interest of economy, designate the assistant head to act as chief of anydivision or unit within the organization, in addition to his duties, without additional compensation; and

(3) In the absence of special restriction prescribed by law, nothing shall prevent a subordinate officer or employee from

being assigned additional duties by proper authority, when not inconsistent with the performance of the duties imposedby law.

Section 32.Acting Head of Bureau or Office. - In case of the absence or disability of the head of a bureau or office, his dutiesshall be performed by the assistant head. When there are two or more assistant heads, the Secretary shall make the designation.In the absence of an assistant head, the Secretary may designate any officer or employee of the bureau or office as acting headwithout additional compensation.

Section 33.Performance of Duties of Subordinate Officers Temporarily Absent. - In case of the temporary absence ordisability of any subordinate officer or employee in any bureau or office, its head may, subject to existing laws, rules andregulations, designate any other subordinate officer or employee within the organization to perform temporarily the duties of theabsent or disabled person.

Section 34.Filling of Vacancies. - Vacancies caused by death, resignation or removal of any officer or subordinate may be

temporarily filled in the same manner as in the case of temporary absence or disability. The vacancies shall not be filled bypermanent appointment, until the expiration of any leave allowable to the predecessor, unless the exigencies of the servicerequire that the appointment be made immediately.

Section 35.Power to Require Bonds. -

(1) The head of each bureau or office shall, consistent with law, rules and regulations, prescribe the form and fix theamount of all bonds executed by private parties to the government under the laws pertaining to his bureau or office. Heshall pass on the sufficiency of the security and retain possession of the bond.


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(2) When it appears that any such bond is insufficient, the head may require additional security. He may withdraw theprivilege secured by the bond upon failure of the party to give additional security within the period fixed in the notice,but such an action shall be without prejudice to the liability of any person or property already obligated.

Section 36.Authority to Prescribe Forms and Issue Regulations. -

(1) The head of a bureau or office shall prescribe forms and issue circulars or orders to secure the harmonious andefficient administration of his bureau or office and to carry into full effect the laws relating to matters within hisjurisdiction. Penalties shall not be prescribed in any circular or order for its violation, except as expressly allowed by

law;

(2) Heads of bureaus or offices are authorized to issue orders regarding the administration of their internal affairs forthe guidance of or compliance by their officers and employees;

(3) Regional directors are authorized to issue circulars of purely information or implementing nature and ordersrelating to the administration of the internal affairs of regional offices and units within their supervision; and

(4) Issuances under paragraphs (2) and (3) hereof shall not require, for their effectivity, approval by the Secretary orother authority.

Section 37.Annual Reports. -

(1) All heads of bureaus or offices of the national government shall render annual reports to their respective Secretarieson or before the last day of February of each year.

(2) The reports shall contain concise statements of accomplishments and assessment of the progress attained in termsof approved programs and projects, including pertinent financial statements on expenditures incurred in theirimplementation during the calendar year. Broad recommendations and plans for undertaking work during the ensuingperiod shall be included together with matters specifically required by law or regulation to be incorporated therein.

CHAPTER 7ADMINISTRATIVE RELATIONSHIP

Section 38.Definition of Administrative Relationship. - Unless otherwise expressly stated in the Code or in other laws definingthe special relationships of particular agencies, administrative relationships shall be categorized and defined as follows:

(1) Supervision and Control. - Supervision and control shall include authority to act directly whenever a specificfunction is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the commission ofacts; review, approve, reverse or modify acts and decisions of subordinate officials or units; determine priorities in theexecution of plans and programs; and prescribe standards, guidelines, plans and programs. Unless a different meaningis explicitly provided in the specific law governing the relationship of particular agencies, the word "control" shallencompass supervision and control as defined in this paragraph.

(2) Administrative Supervision. - (a) Administrative supervision which shall govern the administrative relationshipbetween a department or its equivalent and regulatory agencies or other agencies as may be provided by law, shall belimited to the authority of the department or its equivalent to generally oversee the operations of such agencies and toinsure that they are managed effectively, efficiently and economically but without interference with day-to-dayactivities; or require the submission of reports and cause the conduct of management audit, performance evaluationand inspection to determine compliance with policies, standards and guidelines of the department; to take such actionas may be necessary for the proper performance of official functions, including rectification of violations, abuses and

other forms of maladministration; and to review and pass upon budget proposals of such agencies but may not increaseor add to them;

(b) Such authority shall not, however, extend to: (1) appointments and other personnel actions in accordance with thedecentralization of personnel functions under the Code, except appeal is made from an action of the appointingauthority, in which case the appeal shall be initially sent to the department or its equivalent, subject to appeal inaccordance with law; (2) contracts entered into by the agency in the pursuit of its objectives, the review of which andother procedures related thereto shall be governed by appropriate laws, rules and regulations; and (3) the power toreview, reverse, revise, or modify the decisions of regulatory agencies in the exercise of their regulatory or quasi-judicialfunctions; and


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(c) Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies,the word "supervision" shall encompass administrative supervision as defined in this paragraph.

(3) Attachment. - (a) This refers to the lateral relationship between the department or its equivalent and the attachedagency or corporation for purposes of policy and program coordination. The coordination may be accomplished byhaving the department represented in the governing board of the attached agency or corporation, either as chairman oras a member, with or without voting rights, if this is permitted by the charter; having the attached corporation oragency comply with a system of periodic reporting which shall reflect the progress of programs and projects; and havingthe department or its equivalent provide general policies through its representative in the board, which shall serve as

the framework for the internal policies of the attached corporation or agency;

(b) Matters of day-to-day administration or all those pertaining to internal operations shall be left to the discretion orjudgment of the executive officer of the agency or corporation. In the event that the Secretary and the head of the boardor the attached agency or corporation strongly disagree on the interpretation and application of policies, and theSecretary is unable to resolve the disagreement, he shall bring the matter to the President for resolution and direction;

(c) Government-owned or controlled corporations attached to a department shall submit to the Secretary concernedtheir audited financial statements within sixty (60) days after the close of the fiscal year; and

(d) Pending submission of the required financial statements, the corporation shall continue to operate on the basis ofthe preceding year's budget until the financial statements shall have been submitted. Should any government-owned orcontrolled corporation incur an operation deficit at the close of its fiscal year, it shall be subject to administrativesupervision of the department; and the corporation's operating and capital budget shall be subject to the department's

examination, review, modification and approval.

CHAPTER 8SUPERVISION AND CONTROL

Section 39.Secretary's Authority. -

(1) The Secretary shall have supervision and control over the bureaus, offices, and agencies under him, subject to thefollowing guidelines:

(a) Initiative and freedom of action on the part of subordinate units shall be encouraged and promoted, ratherthan curtailed, and reasonable opportunity to act shall be afforded those units before control is exercised;

(b) With respect to functions involving discretion, experienced judgment or expertise vested by law upon asubordinate agency, control shall be exercised in accordance with said law; and

(c) With respect to any regulatory function of an agency subject to department control, the authority of thedepartment shall be governed by the provisions of Chapter 9 of this book.

(2) This Chapter shall not apply to chartered institutions or government-owned or controlled corporations attached tothe department.

Section 40.Delegation of Authority. - The Secretary or the head of an agency shall have authority over and responsibility forits operation. He shall delegate such authority to the bureau and regional directors as may be necessary for them to implementplans and programs adequately. Delegated authority shall be to the extent necessary for economical, effi

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